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(영문) 부산지방법원 동부지원 2014.12.17 2014고단1045

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 2013, the Defendant presented a business plan stating that “When processed and sold in China after importation, profit equivalent to approximately KRW 60,000,000 shall accrue in one month, and if imported and sold in Korea, profit equivalent to KRW 9,396,000 shall accrue in one month.” On June 2013, the Defendant introduced a business plan stating that “When imported and sold in Korea, profit equivalent to KRW 9,396,000 shall accrue in the middle of Korea in accordance with the business plan.” This may result in this degree of profit if imported and processed and sold in Korea in accordance with the business plan. The Defendant introduced a person to lend money needed at KRW 40,00,000 with the L/C opening cost to import a friendly and Dok.”

C has believed the Defendant’s oral statement to be true and explained the victim D about the above business and repayment plan.

However, the defendant was operating an agricultural product processing plant at the time, but the defendant thought that he would use the above money as the fund for the operation of an agricultural product processing plant due to the lack of operational funds, and there was no idea to use it for the credit necessary for import or import.

Nevertheless, on July 15, 2013, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 40,000,000 to the account in the name of the Defendant at the same margin point of Han Bank, located in Busan Shipping Daegu Metropolitan City, 147, from the victim, around July 15, 2013.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on witness D's legal statement;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;